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SB3278 • 2026
HOUSEHOLD PRIVACY-CONSENT
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
HOUSEHOLD PRIVACY-CONSENT
Rule 3-9(a) / Re-referred to Assignments
Rule 2-10 Committee/3rd Reading Deadline Established As May 22, 2026
Rule 2-10 Committee/3rd Reading Deadline Established As May 15, 2026
Added as Co-Sponsor Sen. Rachel Ventura
Added as Co-Sponsor Sen. Adriane Johnson
Rule 2-10 Committee Deadline Established As April 24, 2026
Rule 2-10 Committee Deadline Established As March 27, 2026
Added as Co-Sponsor Sen. Robert Peters
To AI and Social Media
Assigned to Executive
Filed with Secretary by Sen. Laura Ellman
First Reading
Referred to Assignments
HOUSEHOLD PRIVACY-CONSENT
Illinois General Assembly - Full Text of SB3278 Select Language × The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein. Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet. The English language version is always the official and authoritative version of this website. NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window. 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Full Text of SB3278 Home Legislation Full Text SB3278 - 104th General Assembly Bill Status Full Text Votes Witness Slips Select Menu Bill Status Full Text Votes Witness Slips Printer Friendly Version Introduced Printer Friendly Version Introduced Open PDF 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB3278 Introduced 2/3/2026, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED: 5 ILCS 855/5 5 ILCS 855/15 5 ILCS 855/16 new 5 ILCS 855/25 5 ILCS 855/42 new Amends the Protecting Household Privacy Act. Provides that "household electronic device" includes residential security and surveillance systems. In provisions regarding exceptions from the Act, provides that lawful consent shall be obtained in accordance with specified provisions. Provides that a private entity, including the manufacturer or distributor of a household electronic device, or third party which collects, processes, stores, uses, or shares data in partnership with the private entity, shall obtain lawful consent to share household electronic data pertaining only to a single crime investigation with a law enforcement agency through a written opt-in request to the owner of the household electronic device or person in actual or constructive possession of the household electronic device. Provides that nothing in the Act shall be construed to permit a law enforcement agency to disclose household electronic data for federal immigration purposes. Provides that any person or entity that collects, processes, stores, uses, or shares household electronic data shall take reasonable measures to ensure the confidentiality, integrity, and security of any household electronic data. Effective immediately. LRB104 20235 BDA 34049 b A BILL FOR SB3278 LRB104 20235 BDA 34049 b 1 AN ACT concerning government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Protecting Household Privacy Act is amended 5 by changing Sections 5, 15, and 25 and by adding Sections 16 6 and 42 as follows: 7 (5 ILCS 855/5) 8 Sec. 5. Definitions. As used in this Act: 9 "Electronic communication" means any origination, 10 transmission, emission, transfer, or reception of signs, 11 signals, data, writings, images, video, audio, or intelligence 12 of any nature by telephone, including cellular telephones or a 13 wire, Internet, wireless, radio, electromagnetic, 14 photo-electronic or photo-optical system, cable television, 15 fiber optic, satellite, microwave, Internet-based or wireless 16 distribution network, system, facility or related technology. 17 "Household" means any single or multiple family dwelling, 18 including but not limited to a single family home, house, 19 apartment, mobile home, trailer, building, condominium, 20 duplex, townhouse, or other living quarters, used or intended 21 to be used as a dwelling place and immediately surrounding 22 area. 23 "Household electronic device" means any device primarily SB3278 - 2 - LRB104 20235 BDA 34049 b 1 intended for use within a household that is capable of 2 facilitating any electronic communication, excluding personal 3 computing devices and digital gateway devices. "Household 4 electronic device" includes residential security and 5 surveillance systems. For purposes of this Act: "personal 6 computing device" means a personal computer, cell phone, 7 smartphone, or tablet; and "digital gateway device" means a 8 modem, router, wireless access point, or cable set-top box 9 serviced by a cable provider. 10 "Household electronic data" means any information or input 11 provided by a person to a household electronic device. 12 "Law enforcement agency" means any agency of this State or 13 a political subdivision of this State which is vested by law 14 with the duty to maintain public order and to enforce criminal 15 laws. 16 (Source: P.A. 102-597, eff. 1-1-22 .) 17 (5 ILCS 855/15) 18 Sec. 15. Exceptions. This Act does not prohibit a law 19 enforcement agency from obtaining household electronic data: 20 (1) If a law enforcement agency first obtains a warrant 21 under Section 108-4 of the Code of Criminal Procedure of 1963. 22 (2) To respond to a call for emergency services concerning 23 the user or possessor of a household electronic device. 24 (3) In an emergency situation: 25 (A) involving a clear and present danger of imminent SB3278 - 3 - LRB104 20235 BDA 34049 b 1 death or great bodily harm to a person or persons 2 resulting from a kidnapping, abduction, or the holding of 3 a hostage by force or the threat of the imminent use of 4 force; 5 (B) where there was no previous notice of the 6 emergency to the investigative or law enforcement officer 7 sufficient to obtain prior judicial approval and the 8 officer reasonably believes that an order permitting the 9 obtaining of household electronic data would issue were 10 there prior judicial review; 11 (C) the household electronic data is necessary and the 12 only potential data available to prevent imminent death or 13 great bodily harm to a person or persons; and 14 (D) the data must and can be accessed before a warrant 15 could be issued to prevent imminent death or great bodily 16 harm to a person or persons. 17 (4) With the lawful consent of the owner of the household 18 electronic device or person in actual or constructive 19 possession of the household electronic device, excluding law 20 enforcement personnel. Lawful consent shall be obtained in 21 accordance with Section 16 of this Act for this exception to 22 apply. 23 (5) In all emergency cases arising under paragraph (2) or 24 (3), an application for a search warrant approving the 25 previous obtaining of household electronic data must be made 26 within 72 hours of its commencement. In order to approve SB3278 - 4 - LRB104 20235 BDA 34049 b 1 obtaining household electronic data, the judge must make a 2 determination: 3 (A) that he or she would have granted a search warrant 4 had the information been before the court prior to the 5 obtaining of the household electronic data; and 6 (B) there was an emergency situation as defined in 7 subparagraph (C) of paragraph (3). 8 If an application for approval under this paragraph is 9 denied, the household electronic data obtained under this 10 exception shall be inadmissible in accordance with Section 30. 11 (Source: P.A. 102-597, eff. 1-1-22 .) 12 (5 ILCS 855/16 new) 13 Sec. 16. Lawful consent for law enforcement to acquire 14 data. A private entity, including the manufacturer or 15 distributor of a household electronic device, or third party 16 which collects, processes, stores, uses, or shares data in 17 partnership with the private entity, shall obtain lawful 18 consent to share household electronic data pertaining only to 19 a single crime investigation with a law enforcement agency 20 through a written opt-in request to the owner of the household 21 electronic device or person in actual or constructive 22 possession of the household electronic device. The written 23 request must include the following: 24 (1) details about the single crime incident; 25 (2) the date and timeframe for the requested footage; SB3278 - 5 - LRB104 20235 BDA 34049 b 1 (3) a map showing the area the request covers; 2 (4) the name and contact information of the law 3 enforcement agency investigator; 4 (5) a unique investigation reference number or 5 identifier; 6 (6) clear and concise language about who is 7 collecting, processing, or storing the data; 8 (7) the length of term for which data is being 9 collected, processed, stored, used, and shared; and 10 (8) policies about measures the private entity, third 11 party, and law enforcement agency has in place to ensure 12 the security of the data. 13 (5 ILCS 855/25) 14 Sec. 25. Information disclosure by law enforcement 15 agencies. 16 (a) If a law enforcement agency obtains household 17 electronic data under Section 15, the agency shall not 18 disclose any information obtained, except that a supervisor of 19 that agency may disclose particular information to another 20 government agency, employee of a government agency, or 21 material witness: 22 (1) if the information is relevant to a criminal 23 proceeding or investigation by a grand jury; or 24 (2) with the lawful consent of the owner, or person in 25 actual or constructive possession, of the household SB3278 - 6 - LRB104 20235 BDA 34049 b 1 electronic device. 2 (b) When disclosing household electronic data to any other 3 party, the disclosing law enforcement agency must make 4 reasonable efforts to limit disclosure to the minimum 5 necessary to accomplish the intended purpose of the 6 disclosure. 7 (c) Nothing in this Act shall be construed to permit a law 8 enforcement agency to disclose household electronic data for 9 federal immigration purposes. 10 (Source: P.A. 102-597, eff. 1-1-22 .) 11 (5 ILCS 855/42 new) 12 Sec. 42. Security of storage and access. Any person or 13 entity that collects, processes, stores, uses, or shares 14 household electronic data shall take reasonable measures to 15 ensure the confidentiality, integrity, and security of any 16 household electronic data. 17 Section 99. Effective date. This Act takes effect upon 18 becoming law. Footer Disclaimer This site is maintained for the Illinois General Assembly by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706. Contact ILGA Webmaster ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies. Read About Cookies ILGA.GOV 2026 ILGA.gov | All Rights Reserved | ADA | Disclaimers | Learn This site is maintained for the Illinois General Assembly by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706. 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